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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 197

Citation
Section 197
Parent Document
Sycamore Land Corp. v. Thompson, 1 Mass. L. Rptr. 489 (1994)
Jurisdiction
Massachusetts (state)
Effective Date
1994-01-28

Other Sections in This Document (44)

Full Text

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There are two flaws in Sycamore’s argument, either one of which is sufficient to defeat it. In the first place, it is undisputed on the present record that lead was present at all times after Sycamore acquired ownership of the property. The inspectors Sycamore hired reported that lead was present. Sycamore acted on their report and spent considerable sums removing the lead. Even if the old regulation applied, it would exalt form over substance to say that no rent abatement was permissible in the absence of a finding by the Cambridge Lead Paint Prevention Program when *492the presence of lead is undisputed by every party involved in the proceeding.3